A first offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense OVI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations. A second way to be charged is for violating the high-tier provision of Ohio’s OVI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1) (f)...

In State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test. If not filed, the results will be automatically admissible at trial. The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge. This makes choosing an experienced DUI attorney vital to your case as they will know what to challenge in a pretrial suppression motion.A motion to...

Seventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket. The controversial "Park-O-Meter" had been installed in the prior weeks and caused a stir amongst the residents.According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel. Finding none, he trudged over to the nearby grocery store to get change. Little did he know he was about to become a historical footnote. When he returned he curiously examined a white piece...

We know who the dangerous drunk drivers are. According to the National Hardcore Drunk Driving Project:
Hardcore drunken drivers are those who drive with a high blood alcohol concentration (BAC) of .15 or above or who do so repeatedly, as demonstrated by having more than one impaired driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education.
We also know how dangerous these people can be.
Hardcore drunk drivers are responsible for 70% of all drunk driving fatalities and are 380 times more likely to be involved in a fatal crash. Drivers with blood alcohol concentration levels in...

Dayton drunk driving lawyer Charles M. Rowland understands. You thought a DUI could never happen to you or someone close to you, but now you have suddenly realized you are in a situation that you never expected. You are probably asking yourself, “What happens next?” or “What do I do now?” Contact Dayton drunk driving defense lawyer Charles M. Rowland II to protect all of your rights. You can rest assured that the Government is going to do everything they can to try to convict you of Operating a Vehicle While Impaired (OVI). A DUI arrest is a jarring event with...

As Ohio is contemplating "Annie's Law" which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states. The National Highway Traffic Safety Administration recently released a report on Arizona's adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural Arizona Judges’ Perceptions, Fred Cheesman, Matthew Kleiman, Cynthia G. Lee, and Kathryn Holt (May, 2014). In 2007, Arizona became the second state in the nation to require all first-time drunk driving offenders to equip their vehicles with ignition interlock devices. The first was Arizona’s...

This very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs. At LawBlogs.net they have collected blogs that deal with almost every conceivable area of law. It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+. Look for us listed as Ohio DUI | OVI Blog!The founder, Matthias Klappenbach explains,
I would love to start building out this community of law blogs. Right now there's barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding features...

Have you ever wondered where the money goes following a vehicle forfeiture?Does your police agency have some really cool sports cars, tricked out SUVs or ruggedly expensive off-road vehicles? Chances are they got it via Ohio's vehicle forfeiture law. Pursuant to R.C. 4503.234(C)(1), the agency that arrested a defendant has a virtual right of first refusal on any forfeited vehicle. All they have to do is satisfy the lienholder or the innocent non-owners interest if they have protected their interest in the vehicle.If law enforcement does not want the vehicle it will be sent to auction. Prior to the sale...

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,
"Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

The Vandalia Municipal Court has made it easy to pay your violation using its website. To find out how to make an online payment visit HERE. To make a payment visit the court HERE.If you choose this form of payment, please check with the court's online records to make sure that you are paying for any and all citations against you. The result of your search will display all cases relevant to that search. Tickets can contain up to seven (7) separate charges, if you are paying to waive a court appearance, make sure you are paying all the charges....